Ottawa Divorce .com Forums

Kinso · #11 01-02-2022, 07:44 PM

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lol, I actually never had free cleaning myself, but newcomers in the office (before covid) were talking a lot about getting free stuff in Canada, and dental cleaning was one of them and they couldn't understand why I didn't want to get it free.

More evidence that it's a bad business proposition.

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If we are not talking about s.7, does court accept MySupportCalculator report?

Yes, the court will accept MySupportCalculator. However, if the other side is using DivorceMate, and they've described the income more accurately (for example, gross ups on unreported income) that will be preferred.

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And if it doesn't how do they justify access to justice to everyone, if DivorceMate is only available to lawyers i.e. I can't legally buy it.

Access to justice does not require free services for everyone. Most Canadians can afford $300 - $400 for an hour of a lawyer's time to do some calculations for them. A full $5,000 retainer is not needed if that's all one is seeking. This is not a barrier for most.

Everyone works for money. Doctors, lawyers, dentists, welders, house painters and Starbucks employees. No one gives their time for free. Even 'pro bono' lawyers at pro bono clinics are paid a salary by the government. Private practice lawyers only make what they earn from their clients, that's it.

We're pretty experienced at filtering the 'tire kickers' from those who are truly looking to retain a lawyer. I can't pay my mortgage with free consultations, so it has to lead to more business (overall). Doesn't mean I won't help people out, but it has to be reasonable. I don't read documents and I don't do calculations for free.

For those who truly don't have $300, there are legal clinics (associated with most law schools), Legal Aid Ontario, or Law Libraries they can access at no cost.

Finally, the child support guidelines and the SSAGs are available on the Justice Canada website for free. You can use the formulas yourself and do your own calculations if you like. MySupportCalculator/DivorceMate just make it easier.

dad4kids · #12 01-02-2022, 10:05 PM

Quote:

Originally Posted by Kinso

Yes, the court will accept MySupportCalculator. However, if the other side is using DivorceMate, and they've described the income more accurately (for example, gross ups on unreported income) that will be preferred.

This is my problem then with the DM report. The DM is a one page report, that supposedly has all input data on the very same page, specifically your age/ex age, children age/residency and incomes. I am on T4, with no additional income. My ex claims to have T4 only (she refuses to give disclosure, but that's another topic), so assuming it is T4 only. Her lawyer somehow "tuned up" the report in a way that Child Support (table) shown as 0, and at the same moment CSG Table Amount Offset shown as not 0 and matches the MSC.
However the spousal in MSC are almost 0, yet in DM they are displayed almost at amounts as if we didn't have children at all.

Also, I agree with you that everyone needs to earn, just in my business it is very normal to work for 2 weeks to give an estimate, and then not receive a contract. Of course I am not happy about those cases, but I guess just different business model.

I wouldn't mind following the support guidelines and the SSAGs - would probably even prefer, but there is a chance getting a judge who would just trust DM more, as this is what they see everyday.

Side question. Do you know why DM is not for sale to ordinary people? It costs $600 per 4 files, why I can't just buy one if I am not a lawyer? Many forms there are very useful and would save time, not just the calculator, I wouldn't mind legally buying it, but I can't.

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